The nature and effects of inserting a useless clause in the contract

Articles in Press

Document Type : Original Article

Authors

• Amirmahmoud Amini ¹
• rahim pilvar ²
• Ahmad Sabri Majd ³

¹ Private Law, Faculty of Law, University of Tehran (Farabi University), Tehran, Iran

² Tehran University (Farabi Campus)

³ University of Tehran (Farabi University), Tehran

10.22067/jfiqh.2024.84526.1648

Abstract

A useless clause is one of the invalid and non-nullifying clauses of the contract, which is mentioned in paragraph 2 of Article 232 of the Civil Code; however, in that Code, the criteria for considering this clause to be useless, its definition, examples, bases, and guarantee of its implementation in the contract have not been specified. Since there is a difference among legal experts regarding the creation or non-creation of the right of cancelation in the assumption of inserting a useless clause, it will be very important to examine this issue. In this research, by using the descriptive-analytical method and using the opinions of jurists and Imami jurists, it was determined that a useless clause is a clause that does not cause profit or the cause of potential loss for the party in whose favor a clause is made or the third party, and the meaning of benefit is not necessarily financial profit; Rather, the spiritual nature of benefit also excludes it from the number of useless clause. In identifying this clause, the conventional-personal criterion should be used, and the guarantee of the implementation of the useless clause is that if it is useless from the beginning, the right of cancelation does not arise, and if it becomes useless in the middle of its implementation and it has an effect on the economic value of the contract, it causes the creation of The right of cancelation.

Keywords

• Useless clause
• Conventional-personal criterion
• Guarantee of implementation
• Right of cancelation

Main Subjects

• Jurisprudence and private law

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